Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Old Age Security Regulations (C.R.C., c. 1246)

Regulations are current to 2020-03-05 and last amended on 2017-11-27. Previous Versions

Old Age Security Regulations

C.R.C., c. 1246

OLD AGE SECURITY ACT

Regulations for Carrying into Effect the Purposes and Provisions of the Old Age Security Act

Short Title

 These Regulations may be cited as the Old Age Security Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Old Age Security Act; (Loi)

    appeal

    appeal means an appeal referred to in subsection 28(1) of the Act or made in respect of a reference; (appel)

    appellant

    appellant means a person who makes an appeal referred to in subsection 28(1) or (2) of the Act or in respect of a reference; (appelant)

    applicant

    applicant[Repealed, SOR/96-521, s. 1]

    application form

    application form means the form of application required by the Minister; (formule de demande)

    beneficiary

    beneficiary includes a person on whose behalf a benefit has become payable; (prestataire)

    Board

    Board[Repealed, SOR/89-269, s. 1]

    Court

    Court means the Tax Court of Canada constituted by the Tax Court of Canada Act; (Cour)

    Minister

    Minister[Repealed, SOR/96-521, s. 1]

    reference

    reference means a reference to the Tax Court of Canada pursuant to subsection 28(2) of the Act; (renvoi)

    Regional Director

    Regional Director[Repealed, SOR/96-521, s. 1]

    request for reconsideration

    request for reconsideration means a request made to the Minister for reconsideration under section 27.1 of the Act; (demande de révision)

    Review Committee

    Review Committee[Repealed, SOR/90-813, s. 1]

    Review Tribunal

    Review Tribunal[Repealed, SOR/96-521, s. 1]

    secretary

    secretary[Repealed, SOR/96-521, s. 1]

  • (1.1) [Repealed, SOR/2017-225, s. 1]

  • (2) For the purposes of these Regulations, residence and presence in Newfoundland prior to the date of union of Newfoundland with Canada are deemed to be residence and presence in Canada respectively.

  • (3) For the purpose of the definition public officer in subsection 33(1) of the Act, a prescribed individual is a person employed in a federal institution or whose services are required by a federal institution, on a casual or temporary basis or under a student employment program.

  • SOR/81-285, s. 1
  • SOR/89-269, s. 1
  • SOR/90-813, s. 1
  • SOR/96-521, s. 1
  • SOR/99-193, s. 1
  • SOR/2013-23, s. 1
  • SOR/2017-225, s. 1

PART IApplications

Forms for Applications

  •  (1) Where required by the Minister, an application for a benefit shall be made on an application form.

  • (2) Subject to subsections 5(2) and 11(3) of the Act, an application is deemed to have been made only when an application form completed by or on behalf of an applicant is received by the Minister.

  • SOR/96-521, s. 2
  •  (1) Where the Minister considers that a person is unable for a sufficient reason to make a request for a reconsideration or to make an appeal, an application, a statement or a notice, the request for reconsideration, appeal, application, statement or notice may be made on that person’s behalf by a responsible person or agency.

  • (2) Where a person is or has been in receipt of assistance pursuant to the Unemployment Assistance Act or the Canada Assistance Plan, an application for a pension may be made on behalf of that person by the appropriate provincial authority.

  • SOR/90-813, s. 2
  • SOR/96-521, s. 3

Approval of an Application for a Pension

  •  (1) Subject to subsection (2), where the Minister

    • (a) is satisfied that an applicant is qualified for a pension in accordance with sections 3 to 5 of the Act, and

    • (b) approves the application after the last day of the month in which it was received,

    the Minister’s approval shall be effective on the latest of

    • (c) the day on which the application was received,

    • (d) the day on which the applicant became qualified for a pension in accordance with sections 3 to 5 of the Act, and

    • (e) the date specified in writing by the applicant.

  • (2) Where the Minister is satisfied that an applicant mentioned in subsection (1) attained the age of 65 years before the day on which the application was received, the Minister’s approval of the application shall be effective as of the latest of

    • (a) the day that is one year before the day on which the application was received,

    • (b) the day on which the applicant attained the age of 65 years;

    • (c) the day on which the applicant became qualified for a pension in accordance with sections 3 to 5 of the Act; and

    • (d) the month immediately before the date specified in writing by the applicant.

  • (3) Where the Minister, under subsection 5(2) or 11(3) of the Act, deems an application to have been made and approved, the Minister’s approval shall be effective on the day on which the person attained the age of 65 years.

  • (4) If the Minister waives the requirement for an application in respect of a person under subsection 5(4) of the Act, the Minister’s approval is effective on the day on which the person attains the age of 65 years.

  • SOR/83-84, s. 1
  • SOR/84-656, s. 1
  • SOR/90-813, s. 3
  • SOR/96-521, ss. 4, 29(F)
  • SOR/2013-23, s. 2

Payment of an Allowance Under Two Dollars

 Where a spouse, common-law partner or survivor is entitled under Part III of the Act to an allowance in an amount that does not exceed $2 monthly, an allowance of $2 is payable monthly to that spouse, common-law partner or survivor.

  • SOR/89-269, s. 2
  • SOR/2000-412, s. 1

Manner of Rounding Off Amount of Partial Monthly Pension

 Where the amount of a partial monthly pension referred to in subsection 3(3) of the Act, as increased under subsection 7.1(2) of the Act if applicable, contains a fraction of a dollar that is represented by three or more digits,

  • (a) if the third digit is less than 5, the third and subsequent digits shall be dropped; and

  • (b) if the third digit is 5 or greater than 5, the second digit shall be increased by 1 and the third and subsequent digits shall be dropped.

  • SOR/90-813, s. 4
  • SOR/2013-23, s. 3

Manner of Quarterly Adjustment of Benefit

  •  (1) Where the amount of a full monthly pension or supplement is adjusted quarterly pursuant to subsection 7(2) or 12(2) of the Act,

    • (a) there shall be an adjustment to the nearest cent, in accordance with subsection (2), of the product obtained

      • (i) by multiplying the amount referred to in paragraph 7(2)(a) of the Act by the ratio referred to in paragraph 7(2)(b) of the Act, or

      • (ii) by multiplying the amount referred to in paragraph 12(2)(a) of the Act by the ratio referred to in paragraph 12(2)(b) of the Act; and

    • (b) the ratios referred to in paragraph (a) shall be expressed as decimal fractions in accordance with subsection (3).

  • (2) Where the product referred to in subparagraph (1)(a)(i), as increased under subsection 7.1(1) of the Act if applicable, or the product referred to in subparagraph (1)(a)(ii), contains a fraction of a dollar that is represented by three or more digits,

    • (a) if the third digit is less than 5, the third and subsequent digits shall be dropped; and,

    • (b) if the third digit is 5 or greater than 5, the second digit shall be increased by 1 and the third and subsequent digits shall be dropped.

  • (3) Where the ratios referred to in paragraph (1)(a) contain a fraction that is less than 1, that fraction shall be expressed as a decimal fraction of four digits after the decimal point, and

    • (a) where the fourth digit after the decimal point is less than 5, the fourth digit after the decimal point shall be dropped; and

    • (b) where the fourth digit after the decimal point is 5 or greater than 5, the third digit after the decimal point shall be increased by 1 and the fourth digit after the decimal point shall be dropped.

  • SOR/90-813, s. 5
  • SOR/2013-23, s. 4
 
Date modified: